JUDGMENT
(Appeal from a judgment of the High Court at Nairobi (Trevelyan and Hancox JJ in Misc Criminal Application No 4 of 1979 dated 29th January 1979)
May 25, 1979, Wicks CJ and Miller JA delivered the following Judgment.
This is an appeal from the decision of the High Court dismissing an application made under section 84 (1) and (2) of the Constitution.
Mr Muttu, Senior State Counsel, raises a preliminary objection that this Court has no jurisdiction to hear the appeal. Mr Muttu refers us to section 64(1) of the Constitution which provides:
“There shall be a Court of Appeal which shall be a superior court of record, and which shall have such jurisdiction and powers in relation to appeals from the High Court as may be conferred on it by law.”
And to section 3(1) of the Appellate Jurisdiction Act (Cap 9) which is:
“The Court of Appeal shall have jurisdiction to hear and determine appeals from the High Court in cases in which an appeal lies to the Court of Appeal under any law.”
And contends…